FULL RECOMMENDATION
PARTIES : ESB DIVISION :
SUBJECT: 1.Proposed “Building a Better Climate” agreement It clear to the Court that both parties accept the significant importance to the membership of the Trade Unions and the employer of the matters which are now before the Court and which have been under engagement and negotiation for a number of years. The matter before the Court has been the subject of a Recommendation by the ESBIC, facilitation by the former Chairman of the Labour Court followed by a ballot on proposals emerging from that process and finally of conciliation by the Conciliation Service of the Workplace Relations Commission. The proposals which emerged from the facilitated process represented the best efforts of all parties to find agreement on the matter in a manner which addressed the priorities of both parties to the greatest degree possible. It is in that context that the Court has considered the written and oral submissions of the parties. It cannot be the case that the parties, having availed of multiple avenues for engagement and having balloted on comprehensive proposals to resolve the matter by agreement, would expect that the Court would set aside those efforts or that the Court would seek to re-draw the fundamental framework for agreement which had been put forward by the parties themselves following very extensive engagement and facilitation. This Court therefore, having considered carefully the oral and written submissions of the parties and the detail of the proposals contained in the document entitled ‘Building a Better Climate’makes the following Recommendation. In making this Recommendation the Court notes that the parties are engaged separately in an organisation-wide discussion on pay and related matters and therefore makes no Recommendation on such matters.
That the proposals entitled ‘Building a Better Climate’should be accepted by the parties with the following amendments: Oversight ‘Building a Better Climate’is a proposal for a comprehensive and detailed agreement, the ambitions and purposes of which address very significant issues affecting the Employer and the employment of the membership of the Trade Union. In that context the implementation and achievement of the intentions of the agreement is significantly dependent on delivery by the Employer to the membership of the Trade Unions of commitments made in the agreement including, for example, as regards the operation of team productivity payments, the provision of work, portfolio progression and long-term training and resource planning. In those circumstances therefore, the Court recommends that the oversight arrangements set out at section 2.7 of the proposal document should be enhanced by the following amendments:• Provision for the appointment of an agreed independent Chairperson of the Oversight Group. Provision for the establishment of jointly agreed Terms of Reference (TOR) for the Oversight Group. Provision for regular reporting by the Employer to the Oversight Group which will detail progress in delivering on the commitments made in the agreement. Provision for the Oversight Group to be tasked by the Terms of Reference with addressing any issues which might arise in delivery of matters committed to in the agreement. Start and finish times The ‘Building a Better Climate’proposals contain arrangements for the introduction of uniform standard start and finish times nationally. The Court recommends that the standardisation of start and finish times should be structured in a pragmatic manner so as to reflect the operational arrangements in place in the organisation. The arrangements should ensure that staff who can, might or do work together (or whose work schedule depends on each other’s availability) share common start and finish times. Such a commitment should not require universality of start and finish times across the entire organisation among staff who will never, for operational or geographical reasons, be required to work together or to depend on each other’s availability. The Court therefore recommends that the proposals should be amended so as to provide for an agreement to common start and finish times among staff in a geographical area or operational context who do, will or might work together or whose efficient working does, will or might be dependent on each other being at work at the same time. The agreement should also provide that the operational detail of the agreement on start and finish times should be the subject of engagement locally in each geographical area or operational context under the aegis of the Oversight Group who will have the mandate to determine the matter using agreed dispute resolution procedures if necessary. Baseline payments. The ‘Building a Better Climate’proposals at section 6.3.5 make provision, provided the NT co-operates with full implementation of the overall proposals and their team meets the baseline delivery objective for the preceding year, for payment of an annual Baseline Payment to each NT of €3,500 in 2021 and €5,000 in 2022 and other amounts for the remaining two years to 2024. Having regard to the demonstrated commitment of both parties to engagement throughout 2021 and noting that the agreement cannot now be implemented until 2022, meaning that no Baseline Payment falls to be paid in respect of 2021, the Court recommends that proposals should be amended to provide that the Baseline Payment for 2022 should be adjusted to €8,500. Relationships Arrangements in place in the employment have for many years included arrangements for collective bargaining between the three Trade Unions before the Court and the employer together with a recognition that the terms and conditions of employment of all NT’s reflect collective agreements in place at any time between these parties. As such, any collective agreement concluded between the parties before the Court on the basis of this Recommendation and the ‘Building a Better Climate’proposals will form part of the terms and conditions of all NT’s. It has been submitted to the Court that, whereas full recognition of the three Trade Unions is in place and whereas all parties have an established practice of collective bargaining, the current context is such as to suggest that a review of the nature and functioning of relationships as between the employer and the three Trade Unions could be of value in terms of enhancing the confidence of all parties in current arrangements. There is, in the view of the Court, a strong value in parties to collective bargaining relationships reviewing periodically the framework and functioning of that relationship so as to ensure that all parties, including the membership of the Trade Unions, retain confidence in the relevance and suitability of those arrangements. On the basis therefore of the submission made, the Court recommends that the parties before the Court engage to review the framework of their relationship in an agreed timeframe so as to ensure that such arrangements most effectively address and serve the representation needs of all NT’s. The Court recommends that the ‘Building a Better Climate’proposals,as amended by this Recommendation, should be accepted by both parties as a fair and reasonable basis for resolution of the current trade dispute. The Court so recommends.
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